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Full text of "Medical Jurisprudence And Toxicology"

766                                              MEDICAL JURISPRUDENCE

the permission of the Court before which any prosecution for such offence is pending,
be compounded by the person to whom the hurt has been caused.

(3)  When any offence is compoundable under this section, the abetment of such
offence or an attempt to commit such offence  (when such attempt is itself an offence)
may be compounded in like manner.

(4)  "When the person who would otherwise be competent to compound an offence
under this section is under the age of eighteen years or is an idiot or a lunatic, any
person competent to contract on his behalf may, with the permission of the Court, com-
pound such offence.

(5)  "When the accused has been committed for trial or when he has been convicted
and an appeal is pending, no composition for the offence shall be allowed without the
leave of the Court to which he is committed, or, as the case may be, before which the
appeal is to be heard.

(5-A) A High Court acting in the exercise of its powers of revision under section
439 may allow any person to compound any offence which he is competent to compound
under this section.

(6)   The composition of an offence under this section shall have the effect of an
acquittal of the accused with whom the offence has been compounded.

(7)  No offence shall be compounded except as provided by this section.

Sec. 374. Sentence of death to be submitted by Court of Session,—When the Court
of Session passes sentence of death, the proceedings shall be submitted to the High Court,
and the sentence shall not be executed unless it is confirmed by the High Court.

Sec. 382. Postponement of capital sentence on pregnant woman.—If a woman
sentenced to death is found to be pregnant, the High Court shall order the execution
of the sentence to be postponed, and may, if it thinks fit, commute the sentence to trans-
portation for life.

The pregnancy of a woman shall be certified by a civil surgeon.—Bombay Gazette,
1879, p. 471.

Sec. 390. Time and place of execution of sentence of whipping only.—When the
accused is sentenced to whipping only, the sentence shall, subject to the provisions of
section 391, be executed at such place and time as the Court may direct.

Sec. 391. Execution of sentence of whipping only, or of whipping in addition to
imprisonment—(1) When the accused—

(a)  is sentenced to whipping only and furnishes bail to the  satisfaction of the
Court for his appearance at such time and place as the Court may direct, or

(b)  is sentenced to whipping in addition to imprisonment,

the whipping shall not be inflicted until fifteen days from the date of the sentence, or if
an appeal is made within that time until the sentence is confirmed by the Appellate
Court, but the whipping shall be inflicted as soon as practicable after the expiry of the
fifteen days, or, in case of an appeal, as soon as practicable after the receipt of the order
of the Appellate Court confirming the sentence.

(2)  The whipping shall be inflicted in the presence of the officer in charge of the
jail, unless the Judge or Magistrate orders it to be inflicted in his own presence.

(3)  No accused person shall be sentenced to whipping in addition to imprisonment
when the term of imprisonment t'o which he is sentenced is less than three months,

Sec. 392. Mode of inflicting punishment.—(1) In the case of a person of or over
sixteen years of age, whipping shall be inflicted with a light rattan not less than half an
inch hi diameter, in such mode, and on such part of the person as the State Government
directs; and, in the case of a person under sixteen years of age, it shall be inflicted in
such mode, and on such part of the person, and with such instrument, as the State
Government directs.

(2) In no case shall such punishment exceed thirty stripes and in the case of a
person under sixteen years of age it shall not exceed fifteen stripes.

Sec. 393. Whipping not to be executed by instalments and exemptions.—No
sentence of whipping shall be executed by instalments; and none of the following
persons shall be punishable with whipping, namely: —

(a) Females ;

(6) Males sentenced to death, or to transportation or to imprisonment for more
than five years j

(c)  Males whom the Court considers to be more than forty-five years of age,
Sec. 394.  Whipping not to be inflicted if offender not in a fit state of health.—(1)

The punishment of whipping shall not be inflicted unless a medical officer, if present,
certifies, or if there is not a medical officer present, unless it appears to the Magistrate
or officer present, that the offender is in a fit state of health to undergo such punishment
(2) If, during the execution of a sentence of whipping, a medical officer certifies
T^ i?if€iars *? the Magistrate or officer present,, that the offender is not in a fit state
of health to undergo the remainder of the sentence, the whipping shall be finally Stopped*